he repeatedly Dunning

Wang Yan is the boss of a private company in Nanjing. In March, a man named Zhang Daliang him to court,hogan outlet milano, saying that he borrowed 2.5 million a year ago, it has not yet asked him with interest also 3 million. Wang Yan admit, he said the principal did not so much, IOU is Zhang Daliang forced him to write, he actually borrowed only 1.1 million, more out of all interest and penalty interest. In order to prove that they did not lie, he played a recording of court, the original day Zhang Daliang home to force him to make IOU, he secretly taped ......
 
Creditors sue him "borrow 2.5 million not yet,air max pas cher."
 
He calls himself "only took 1.1 million"
 
In his early forties, who runs a sort of a small business,http://padasen.com/home.php?mod=space&uid=275726, Wang Yan gave the impression has always been a success chic. Since last year can borrow that sum of debt, his whole life is a mess, countless troubles one after another, just find any.
 
Because the loan is not yet due, in March of this year, Wang Yan, Zhang Daliang court by creditors. Zhang Daliang in the indictment submitted to the court said, February 20, 2009,http://gamsa.net/guestbook/index.php?item/create_form/1, Wang Yan due to cash flow needs, to his 2.5 million loan, the two sides agreed loan period of six months, by way of interest period,ralph lauren homme pas cher, according to People's Bank of China loan rate four times the calculations required to pay overdue fines, to 2.5 million as the base, pay daily five ten thousandths. After the repayment date agreed deadline, he repeatedly Dunning, but Wang Yan refused to fulfill the repayment obligations, he had taken to court. Wang Yan, Zhang Daliang asked the court to return 2.5 million loan and pay interest to borrow the period 243 000, 260 000 late repayment penalty, for a total of more than 300 million.
 
After receiving the court summons, Wang Yan screaming injustice, and quickly wrote a reply to the judge-like, tells a different truth.
 
Wang Yan said that he did to Zhang Daliang borrowed money, but certainly not so much. In February 2009, by the financial crisis, his business difficulties, lack of working capital for short-term financing, he was introduced to Zhang Daliang. 1.2 million loan was that good, by the period of one month, the two sides signed a loan contract, but there is no agreement interest. Later verbal agreement interest calculated monthly benefit eight points, that is 10,000 yuan to pay interest on the principal amount of 800 yuan per month. Subsequently, Zhang Daliang transfer checks with a 1 million and 20 million in cash over the transfer check on the spot to him, 200,000 in cash and away. "He said two months prepaid interest, principal 1.2 million, according to 8 of benefit calculation, the monthly interest rate is 96,000, two months is 192,000, then 200,000 on when the interest taken by his intact , in fact I got my money, only 100 million! "Wang Yan said excitedly.
 
Two months later, Wang Yan money repayment request Zhang Daliang grace period, Zhang Daliang said the extension can be, but to pay the penalty. Wang Yan agreed, after Xiang Zhang Daliang took 100,000 emergency. Wang Yan said he took from start to finish on 1.1 million from Zhang Daliang hand.
 
2.5 million promissory note is true or false?
 
Borrower out recording proved to be false
 
If Wang Yan is telling the truth, so Zhang Daliang 2.5 million IOU goes hand how to explain? And there are even Wang Yan signed IOU! This promissory note is true or false? In this regard, Wang Yan explained that the IOU is written up afterwards, he was forced to sign under Zhang Daliang word.
 
According to Wang Yan, by the end of 2009, Zhang Daliang began actively to collect debts,polo ralph lauren, using a lot of extreme measures, including containment facility with one home, threatened the workers and so on. Later forced "approximately" He talked about repayment matters directly to him already completed a loan agreement to let him sign. Inscribed date of the agreement to February 2009, amounting to 2.5 million borrowers, loan period of six months, by way of interest by four times during the People's Bank of China loan rate calculations do not need to pay overdue fines, to 2.5 million as the base daily pay five ten thousandths.
 
Wang Yan said that he knew that words can not sign, because it means that once he recognized the signature of loan principal is 2.5 million, the future Zhang Daliang must ask him to 2.5 million as the base pay interest, so doing incredible damage, but when he was involuntarily, if you do not sign, the other party will not let him. Finally, Wang Yan forced to the agreement signed. And was also asked to write two receipts,http://www.sjqgw.com/home.php?mod=space&uid=4433, one is to receive one million yuan transfer check, the other is to receive 1.5 million yuan in cash. Wang Yan kept that in mind, 1.5 million yuan will be written as "1.2 million, 100,000, 200,000," and does not indicate the subject of the receivable. In addition, he also left a hand, make written IOU that day, he brought a voice recorder, the whole recorded sound.
 
Hearing, Wang Yan threw out the "killer app" - that part of the recording. Recording, he and his men, lawyers and agents Zhang Daliang repeatedly talked about 2.5 million of the composition: 1.2 million loan for the first time, actually only got one million, and later borrowed 100,000, the rest are all penalty interest. This he did on receipt "hands" echoing.
 
Zhang Daliang agent obviously did not expect to have this recording, surprised,http://koeftrcx731a.hatenablog.com/entry/2015/05/09/113848, but he quickly react, said recording authenticity of the enemy, and the conversation is not enough to overthrow a legitimate form of IOU. Wang Yan confidently responded: If in doubt, do the identification. Zhang Daliang agents also noted that said Wang Yan, Zhang Daliang 20 million in cash as take away the fact that there is no interest. In this regard, Wang Yan not much can come up with any evidence to refute.
 
The two sides closed with reconciliation
 
Borrowers with interest paid 2,000,000
 
According to law,http://www.yachtlive.cn/home.php?mod=space&uid=392750, the interest rate four times higher than the current bank private lending, the higher part not subject to legal protection. If Zhang Daliang really is usury, then the law is not to protect all.
 
According to claims and court cases on both sides, at least we can identify the following facts: Wang Yan Zhang Daliang hands at least twice borrowed from the 1.3 million, 1.3 million of which he got at least a hand 1.1 million. The fact needs to be further identified include: Zhang Daliang there will 20 million borrowers as interest away? 2.5 million, in addition to Wang Yan recognized part, the rest is loans or penalty?
 
After the court, because the two sides reached a settlement voluntarily, the judge did not continue to identify more than doubtful matters. However, the result of reconciliation between the two sides can be seen, Wang Yan court playing or recording a deterrent. The result of negotiation is that Wang Yan with interest paid Zhang Daliang 2 million, exactly the amount of one million less than the claimed Zhang Daliang. Of course, Wang Yan certainly at a disadvantage, even though 1.3 million calculated by the loan's principal,louboutin soldes, current bank interest rates four times, doing with interest is also far less than 200 million. It is understood that Wang Yan reason for the decision not wait, because provoke other calamity upper body, there is really no effort to delay any longer. (Paper party is a pseudonym) Wu Yan Chen Shanshan
 
Five feature recognition usury
 
This is the just-basaltic court hearing the dispute together. Similar bickering, judges often witness - to debt of the hands of a promissory note, borrow said it was usury, despite the latter's argument is likely to be the truth,http://bbs.foodmate.net/home.php?mod=spacecp&ac=blog&blogid=, but as long as no evidence, the judge can not recognize. Now usurers are know to avoid risks, IOU often impeccable, like Wang Yan so have little grasp of evidence borrowers, so many suspected usury dispute ultimately can only deal with ordinary private lending.
 
The judge on the case to remind the public, especially some small business owners often need financing usury risk, once hard to get in to get out,http://bbs.dardankings.com/home.php?mod=space&uid=17620, so be sure to think twice before borrowing, honestly can not "harm than good."
 
Gregory lenders know that usury is not subject to state law violations, so using a variety of covert means of concealing illegal purposes: First, oral contract rate, do not write or merely to lower interest rates on the loan agreement, and to liquidated damages in the form of ensure substantial interest. Second, the promissory note does not distinguish between principal and interest, and write only the amount of principal and interest accumulated in the form of ordinary lending to circumvent nature Gregory lending. Third, high interest rates and debts owed by compound interest form, still signed a loan agreement or a new way of promissory note secured on the evidence in order to achieve a favorable legal and formal. Fourth, when the most direct loan interest deduction month,http://iponline.cn/home.php?mod=space&uid=889725, while cash put, receivables from the bank account so as not to take leave marks. Fifth, once the incident that is the destruction of occult lending accounts.
 
Nanjing Xuanwu court Suojin Shen strong village court